Applicant Name: ?????
Application Receipt Date: 2010/02/12 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant did not submitt an issue of equity or propriety to be considered by the board.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 991110
Discharge Received: Date: 991224 Chapter: 13-23f AR: 635-200
Reason: Physical Standards RE: SPD: LFT Unit/Location: 272nd Military Police Company, Unit 29925, APO AE, Germany
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 980805 Current ENL Term: 5 Years ?????
Current ENL Service: 1 Yrs, 4 Mos, 20 Days ?????
Total Service: 1 Yrs, 4 Mos, 20 Days ?????
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: 95B10 Military Police GT: 104 EDU: HS Grad Overseas: Germany (990119-991224) Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None submitted by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 4 November 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13-2f, AR 635-200, by reason of unsatisfactory performance for failing two (2) consecutive Army Physical Fitness Tests with a general, under honorable conditions discharge. He was advised of his rights.
On 9 November 1999, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.
On 9 December 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be released from active duty with a general, under honorable conditions discharge. The applicant was transferred to the Individual Ready Reserve (IRR) to complete any statutory service obligation.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13-2e of this regulation, states in pertinent part, that separation proceedings will be initiated for Soldiers without medical limitations who have two consecutive failures of the Army Physical Fitness Test. The reason for discharge will be shown as unsatisfactory performance. Service of Soldiers separated because of unsatisfactory performance for failure of the Army Physical Fitness Test will be characterized as honorable or general, under honorable conditions.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records for the period of enlistment under review, the analyst found several mitigating factors which would merit an upgrade of the applicant's discharge to fully honorable. The analyst noted the applicant was discharged for the sole reason of a failure to meet the minimum standards of the Army Physical Fitness Test.
The analyst also noted the lack of any other derogatory information in the record. In view of the foregoing, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 25 October 2010 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293 dated 26 January 2010 and a copy of his DD Form 214 for the period of service ending 20 April 1999.
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 4 No change 1
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
X. Board Action Directed President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
Legend:
AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial
BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial
CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge
DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable
FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20100008736
______________________________________________________________________________
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